Real Property

Issues: Foreclosure by advertisement (MCL 600.3201 et seq.); Redemption; Whether the redemption period had expired; Mills v. Jirasek; Lilly v. Gibbs; Statutory interpretation; Elba Twp. v. Gratiot Cnty. Drain Comm'r; Michigan Educ. Ass'n v. Secretary of State (On Rehearing); In re Receivership of 11910 S. Francis Rd.; Joseph v. Auto Club Ins. Ass'n; Velez v. Tuma; Robinson v. Lansing; "Shall" defined; Smitter v. Thornapple Twp.; In pari materia reading of statutes with a common purpose; Titan Ins. Co. v. State Farm Mut. Auto. Ins.; CG Automation & Fixture, Inc. v. Autoform, Inc.; Binding precedent; Griswold Props., LLC v. Lexington Ins. Co.

Court: Michigan Court of Appeals (Unpublished)

Case Name: WW Michigan Props. v. Repokis

e-Journal Number: 58184

Judge(s): Per Curiam – Riordan, Cavanagh, and Talbot

 

The court held that the trial court properly concluded that the redemption period ended one year from the date of the recording of the deeds, and thus properly granted summary disposition for defendants-Daryl Repokis (Repokis) and Harsens Island Properties, LLC (Harsens) in the plaintiff-WM Michigan Properties' (WM) action seeking to avoid Repokis's redemption of his foreclosed-upon properties. Repokis's property was foreclosed upon and WM received two sheriff's deeds. They did not record them until 1/5/12, 21 days after the deeds were issued. On 1/4/13, Repokis redeemed the properties and quitclaimed 6 of the 7 parcels to Harsens. WM sued to preclude the redemption, but the trial court found that the properties were properly redeemed and titled to Harsens. On appeal, the court rejected WM's argument that the trial court erred in holding that the redemption was timely after concluding that the statutory redemption period ended one year from the date of the recording of the sheriff's deeds, and not one year from the date of the sheriff's sale. It found that the "plain language of MCL 600.3232 provides that a sheriff's deed must be filed as soon as practicable, and within 20 days after the foreclosure sale." Thus, "by not filing the sheriff's deeds with the register of deeds within 20 days of the foreclosure sale, [WM] failed to comply with MCL 600.3232." The court noted, however, that "an untimely recorded sheriff's deed generally remains valid absent a showing of material harm or prejudice." It then concluded that Repokis "reasonably believed that he redeemed the property with his 'timely' payment, i.e., payment made within one year of the date the sheriff's deeds were recorded." Affirmed.

 

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